Lawmakers taking second look at 'second chance law'

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Legislators want to take a second look at a new law passed this year that gives Indiana residents with nonviolent criminal histories a chance to limit public access to parts of their record.

The Criminal Law and Sentencing Policy Study Committee met Thursday and discussed possible changes to the new law that the Indiana General Assembly passed in the final days of the 2011 session.

Known as the “second chance” law, House Enrolled Act 1211 allows individuals convicted of certain offenses that weren’t violent or sex crimes to request from the courts restricted access to arrest and criminal records after eight years. The new law is limited to misdemeanors and Class D felonies, and it only limits access rather than expunging a person’s record completely. The statute also allows for limited record access if the person wasn’t prosecuted, if the charges were dismissed or if the case resulted in acquittal.

But since the law took effect July 1, the legal community has been confused about how the changes should be implemented. Judges have delayed making decisions on those requests for closed access to arrest records until they received more direction, and prosecutors and defense attorneys have directed questions to lawmakers.

The Indiana Supreme Court’s Division of State Court Administration has received questions from trial judges and clerks about the logistics of restricting access to public records, according to court spokeswoman Kathryn Dolan. She said the court has added a new chapter to the Administrative Manual about navigating this new statute, and the courts also developed and posted online a form that could be used by pro se litigants.

“Our goal is to give judges and clerks meaningful direction on how to make daily court operations run smoothly while following the law,” Dolan said.

At its most recent meeting on Thursday, the interim legislative panel discussed fixing the inconsistencies in the statute. Draft legislation is being finalized and likely will be discussed again at the next meeting Oct. 26, according to committee members.

Some discussion points at the meeting: Sen. Richard Bray, R-Martinsville, noted that felons could be admitted as lawyers in the state because they would not have to disclose their prior crimes that are sealed through this law. David Powell, recently appointed as the executive director of the Indiana Prosecuting Attorneys Council, said schools should be allowed to access these records when running criminal background checks on prospective employees.

Indiana Public Defender Council Executive Director Larry Landis said he supports the current law because its aim of shielding these records was a compromise in the larger debate about expunging the convictions altogether. But he agrees the law is inconsistent, and that’s what the draft legislation focuses on. Those revisions are intended to clarify what goes into a petition requesting this limited access and who should get notice of this petition and order once it’s filed, as well as what a court should order about who needs to comply with the restricted access. One aspect also involves making the petition itself confidential, Landis said.

“We wouldn’t be reopening discussion about any substantive policy issues, but just clarifying and making the law more specific on how it should be implemented,” he said.


  • Second chance act
    This was a loosely defined law that was passed by legislators for wanting to look compassionate to a very vocal group. No more no less. Its amazing the people of this state pay to have its leaders not take this "dangerous" legislation to a completed thought. But what makes it more disturbing? Is they did this lackedaisical process with so much of the states residents safety and security at risk.
  • Second chance Felony law
    Is there forms online to fill out to if anybody's eligible for ?

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...